NEW YORK CITY TRANSIT AUTHORITY Division of Materiel Schedule F FEDERAL CERTIFICATION, DISCLOSURE, DISADVANTAGED BUSINESS ENTERPRISE AND EQUAL EMPLOYMENT OPPORTUNITY FORMS Page No. Certification Regarding Debarment, Suspension, Ineligibility 1, 2 and Voluntary Exclusion - Lower Tier Covered Transactions Certification Regarding Lobbying 3 Disclosure Of Lobbying Activities 4, 5 Bidders/Offerors Questionnaire 6, 7 Schedule Of DBE Participation (Form A) 8 Intent To Perform as Subcontractor/Subconsultant/Joint Venture (Form B) 9 Monthly DBE Progress Report (Form E) 10 Employer Information Report (EEO-1) 11,12 06/15
Transcript
NEW YORK CITY TRANSIT AUTHORITY
Division of Materiel
Schedule F
FEDERAL CERTIFICATION, DISCLOSURE, DISADVANTAGED BUSINESS
and Voluntary Exclusion - Lower Tier Covered Transactions Certification Regarding Lobbying 3 Disclosure Of Lobbying Activities 4, 5 Bidders/Offerors Questionnaire 6, 7 Schedule Of DBE Participation (Form A) 8 Intent To Perform as Subcontractor/Subconsultant/Joint Venture (Form B) 9 Monthly DBE Progress Report (Form E) 10 Employer Information Report (EEO-1) 11,12
06/15
NEW YORK CITY TRANSIT AUTHORITY FORM F-1 Page 1 of 2 Division of Materiel Bid/Proposal No.: _____________________ Project Description: __________________________________________________________________ __________________________________________________________________________________
1. The prospective lower tier participant, ____________________________________________ ____________________________________________________________________ , certifies,
by submission of this bid or proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal. 3. The prospective lower tier participant shall provide immediate written notice to the Authority
(and the Contractor, if applicable) if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
Executed this ______________ day of __________________________, 20____. By _____________________________________________________ Signature of Authorized Official ___________________________________________________ Name and Title of Authorized Official 06/15 Schedule F Page 1 of 12
FORM F-1 Page 2 of 2
INSTRUCTIONS FOR COMPLETION OF CERTIFICATION REGARD ING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER
COVERED TRANSACTIONS 1. By signing and submitting this Proposal, the prospective lower tier participant is providing the signed certification set out on page No.1. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Authority may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the Authority if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” ”participant,” “persons,” “lower tier covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. The Proposer may contact the Procurement Representative for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the Authority. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration. 8. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under sub-paragraph (d) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, The Authority may pursue available remedies including suspension and/or debarment. 06/15 Schedule F Page 2 of 12
NEW YORK CITY TRANSIT AUTHORITY FORM F-2 Division of Materiel Bid/Proposal No.: _____________________ Project Description: __________________________________________________________________ __________________________________________________________________________________
CERTIFICATION REGARDING LOBBYING The undersigned ___________________________________________________, certifies, to the best (name of authorized officer) of my knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, “Disclosure of Lobbying, Activities” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by, 31, U.S. C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Note: Pursuant to 31 U.S.C § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure. The Contractor, ______________________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801, et seq., apply to this certification and disclosure, if any. Executed this ______________ day of __________________________, 20____. By _____________________________________________________ Signature of Authorized Official ___________________________________________________ Name and Title of Authorized Official 06/15 Schedule F Page 3 of 12
NEW YORK CITY TRANSIT AUTHORITY FORM F-3 Page 1 of 2 Division of Materiel
06/15 Schedule F Page 4 of 12
FORM F-3 Page 2 of 2
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE O F LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., “RFP-DE-90-001.” 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. 06/15 Schedule F Page 5 of 12
NEW YORK CITY TRANSIT AUTHORITY FORM F-4 Page 1 of 2 Division of Materiel
___________ Fed. Id#:_____________________________ Less than $100K $500K- $1M $5M – 10M
___________ Year Business Started: _________________ $100K - $500K $1M - $5M $10M - Over Attach additional pages, if necessary IFB/RFP No. _________________________________ for _________________________________________________ Please List Title of IFB or RFP 06/15 Schedule F Page 6 of 12
The USDOT DBE Program promulgated at 49 CFR Part 26, requires MTA to develop and maintain a “bidders” list. The bidders list is intended to be a count of all firms that are participating or attempting to participate on USDOT-assisted contracts. The list must include all firms that bid on prime contracts or bid or quote subcontracts on USDOT-assisted projects, including both DBEs and non-DBES. Please complete the information listed below and return with your bid/proposal.
Please identify potential areas of this project likely to be subcontracted out and to whom. Please identify for each potential subcontractor the name, address DBE/Non-DBE status, gross receipts and year the business started.
___________ Fed. Id#:_____________________________ Less than $100K $500K- $1M $5M – 10M
___________ Year Business Started: _________________ $100K - $500K $1M - $5M $10M - Over We understand that your submission of the above information does not imply that you have a current contractual relationship with any firm listed herein. Print Company Name: ___________________________________________________ Print Your Name: _______________________________________________________ Title: _________________________________________________________________ Signature: _____________________________________________________________ Date: ___________________ IFB/RFP No. _________________________________ for _________________________________________________ Please List Title of IFB or RFP Revised 9/20/02
06/15 Schedule F Page 7 of 12
NEW YORK CITY TRANSIT AUTHORIY FORM F-5 Division of Materiel CONTRACT NO. and TITLE: CONTRACT VALUE $
SCHEDULE OF DBE PARTICIPATION
(Form A)
Name, Address, Telephone Number of DBE (including name of contact person). Federal I.D.# or Social Security Number
Description of Work, Products and/or Services to be provided
Agreed Dollar
Amount of DBE Subcontract
DBE % of Total
Contract Price
DBE Projected Start and Completion Date
The undersigned bidder/proposer agrees that if it is eligible to be awarded the above contract, as a condition for being awarded the contract, it will enter into a formal agreement with each of the DBE firms listed in this schedule which are certifiable as such by the MTA. If any firm on the schedule is not certifiable, as a condition for being awarded the contract, the undersigned will enter into a subcontract with a substitute firm which must be certified by the MTA. The undersigned acknowledges that the information it has provided in this schedule will be verified by the MTA with the designated DBE firm(s). Bidder/ Authorized Authorized Proposer Representative Signature (print or type) Address Telephone No. Date 06/15 Schedule F Page 8 of 12
NEW YORK CITY TRANSIT AUTHORITY FORM F- 6 Division of Materiel
Intent to Perform as Subcontractor/Subconsultant/Joint Venture (MTA FORM B)
CONTRACT NUMBER: _____________________________ CONTRACT TITLE: ___________________________________________________________ NAME OF PRIME BIDDER/PROPOSER: _____________________________________________________________________________________________ The undersigned intends to perform work in connection with the above project as (check one):
A subcontractor A subconsultant A second tier subcontractor A joint venture
Note: Pursuant to US DOT regulations codified at 49 CFR Part 26, Disadvantaged Business Enterprise (DBE) firms projected to participate in the MTA’s DBE Program must be certified as a DBE by the MTA in order for the firm's participation to be credited toward the DBE goal. If not certified as a DBE by the MTA, prospective firms must immediately submit a completed and signed DBE Certification Affidavit to the MTA Office of Civil Rights, Division of Business Programs, 130 Livingston Street, 10th Floor, Brooklyn, New York 11201. MTA will endeavor to expedite its determination on DBE status.
SUBCONTRACT AMOUNT $ ___________________________
The undersigned is prepared to perform the following work and/or supply the following material for the above project.
_____________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________ Note: If applicable, please state the amount and percentage of work you intend to subcontract out to other subcontractors/vendors (both DBE and non-DBE firms). _____________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________ The undersigned intends to enter into a formal agreement for the above work with the named bidder/proposer conditioned upon the named bidder’s/ proposer’s being awarded this contract by the MTA or any of its affiliated agencies.
__________________________________ By __________________________________ __________________________________ Date __________________ Name of DBE Firm Name & Title of Authorized Signatory Signature of Authorized Representative Please Type or Print
06/15 Schedule F Page 9 of 12
NEW YORK CITY TRANSIT AUTHORITY FORM F- 7 Division of Materiel
MONTHLY DBE PROGRESS REPORT (Form E) REPORT FOR MONTH ENDING
INSTRUCTIONS: After the award of a contract, this Form E must be filed by the 10th of each month to report actual participation by MTA certified DBE firms during the preceding month. *DBE goals are calculated using the total payments to the DBE subcontractor(s) divided by the total payments to the prime contractor. Contract Contract Contract Number: Title: Amount (as amended) $
Prime Contract Projected DBE Contractor: Start Date: Completion Date: % Complete: % Goal: % Total payments to Prime to date: $ Date of last payment to Prime: *DBE % of total payment to Prime amount (as amended) _ % Total amount invoiced to date: $ Number of DBE subcontractors: Total amount of DBE invoices to date: $ Total monthly payment to Prime: $ Total value of DBE subcontracts: $ Total amount of DBE payments to date: $
Name of DBE Subcontractor and Description of Work
Performed
Work Status this
report Active, Inactive or
Complete
Subcontract Start Date
Projected Completion
Date
% of Work Complete
Date & Amount of Payment for
this Report
Total Payments to Date
Subcontract Amount
(as amended)
Copy of DBE Subcontract
Agreement filed with Authority (Yes or No)
Active Inactive Complete
Active Inactive Complete
Active Inactive Complete
Active Inactive Complete
Active Inactive Complete
Active Inactive Complete
IF NECESSARY, USE A SEPARATE SHEET YES NO 1. Did any of the DBE subcontractors rent/lease equipment from the prime contractor or an affiliate company during the report period? If yes, explain the arrangement, including a description of the equipment and the cost. 2. Did any of the DBE subcontractors utilize employees or former employees of the prime contractor or an affiliate company during the report period? 3. Did any of the DBE subcontractors subcontract any portion of its work to a non-DBE during the report period? If yes, explain fully. 4. Has the scope of work or the subcontract amount for any of the DBE subcontractors changed since the last report? If yes, explain fully.
By signing this form, the person individually and on the behalf of the Contractor represents to the Authority that the information contained herein is truthful, accurate, complete and not misleading. AUTHORIZED SIGNATURE: TITLE: DATE: _____________ Revised Form E (June 2015) Schedule F Page 10 of 12
NEW YORK CITY TRANSIT AUTHORITY FORM F-8 Page 1 of 2 Division of Materiel
